Supreme Court legalizes gay marriage 3 weeks after Guam

Same-sex couple Loretta Pangelinan, front right, and her partner, Kathleen Aguero, left, celebrate in a united high five with their legal representatives, Bill Pesch, right, and Todd Thompson after they obtained their marriage license at the Department of Public Health and Social Services in Mangilao on June 9. On June 27, Guam time, the U.S. Supreme Court issued an opinion that legalizes gay marriages nationwide. PDN file photo. (Photo: Rick Cruz/PDN)

"I was getting goose bumps and was just so overwhelmed with emotion," said Agsalud, who is gay. "The words 'the law of the land' are so powerful. We can now give people the reassurance of freedom that is in the Constitution."

The Supreme Court's release of its historic opinion comes three weeks after a federal judge struck down Guam law restricting marriage to opposite-sex couples. The high court's justices ruled 5-4 that states cannot deny gay men and lesbians the same marriage rights enjoyed by opposite-sex couples.

In Guam, same-sex marriages became legal on June 5, when District Court of Guam Chief Judge Frances Tydingco-Gatewood ruled for plaintiffs Kathleen Aguero and Loretta Pangelinan. The longtime couple had sued for their right to marry after being denied a marriage license application in April.

One of the couple's attorneys in the case, Todd Thompson, said yesterday Guam can be proud that its federal court acted several weeks before the Supreme Court ruled.

"Thankfully, Guam was not among the last group of stubborn states that had to be dragged kicking and screaming into the 21st century," Thompson said.

Same-sex marriages on island began on June 9, and the couple that filed the lawsuit in April was the first to obtain a license.

Gov. Eddie Calvo, who is currently off island and was scheduled yesterday to attend an annual meeting of the Western Governor's Association in Nevada, issued a statement saying it's important to remember "love is at the heart of both the arguments to allow gay marriage and those that promote the traditional definition of marriage."

Calvo said it's important to acknowledge civil rights — the rights of individuals and religious organizations.

"As the Legislature crafts new legislation to reflect the Supreme Court's decision, I remind them to consider the freedom of religion," he said. "New legislation must find the balance that ensures the rights of all Guamanians are protected."

Sen. Nerissa Underwood introduced a bill in the Legislature hours after the District Court of Guam struck down the island's same-sex marriage ban this month. Bill 119-33 removes language from Guam law in which the definition of marriage is that of a union between people of opposite sex.

In a statement released yesterday, Underwood said the Legislature still needs to act on the bill to ensure Guam conforms with the ruling.

"I look forward to its passage during our next legislative session, and for the support of the administration in this final effort," she said.

At a hearing held Thursday for Underwood's measure, Deacon Larry Claros said he's not opposed to offering same-sex couples the same benefits as heterosexual married couples.

"The issue here is for equality for those concerned, … then draft bills pertaining to their precise need," he advised lawmakers on Thursday. "But please do not redefine the institution of marriage."

Claros, the director of Family Ministry with the Archdiocese of Agana, debated with lawmakers over the definition of marriage, arguing that it's selfish "to want to change something that's been in place for the longest time."

"I think we can accomplish satisfying everyone," Claros said, adding: "You want them to have retirement and insurance? Fine. But marriage belongs between a man and a woman, … something that has been in place for a thousand years."

William Pesch, another of the attorneys for the couple whose marriage license application was denied at the Department of Public Health and Social Services in April, testified in support of the legislation on Thursday.

Pesch, during his testimony, reiterated a statement he made during the last week about legislation to extend anti-discrimination rights in the workplace to lesbian, gay and transgender employees.

"These are exciting times for the (LGBT) community, both here on Guam and throughout the United States," he said. "Both public opinion and official response to our aspirations to be treated as equals to our heterosexual counterparts are finally turning in our favor."

Jim Obergefell, the Ohio man whose name graces the Supreme Court case, Obergefell v. Hodges, was in the nation's court for the ruling. Obergefell was the keynote speaker at the University of Guam commencement ceremony in May.

He married his partner, John Arthur, in Maryland shortly before Arthur died of Lou Gehrig's Disease, and he has been coming to the court every morning in order to be present for the decision, USA TODAY reported.